FAQs on filing of DPT-3 Under Companies Act, 2013 By CS Sachin Mavi


MCA vide its notification dated 22nd January, 2019, notified Companies (Acceptance of Deposits), Amendment Rules, 2019 in which Sub-rule 3 in Rule 16A was added which provides as follows:
 
“Every company other than Government company, shall file a onetime return of outstanding receipt of money or loan by a company but not considered as deposits, in terms of clause (c) of sub-rule 1 of rule 2 from the 01st April, 2014 to the date of publication of this notification in the Official Gazette (22nd January, 2019), as specified in Form DPT-3 within 90 days from the date of said publication of this notification along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.”.

Now it is 90 days from March 31, 2019

 
In the said notification, MCA has also added an explanation in Rule 16: It is hereby clarified that Form DPT-3 shall be used for filing return of deposit or particulars of transactions not considering deposit or both by every company other than government company.  
 
MCA vide its general circular 05/2019 dated 12th April, 2019, clarified that now Companies are required to file data with regard to exempted deposits upto 31st March, 2019 (as opposed to the publication of earlier notification date i.e 22nd January, 2019). Now, Companies are required to file data of exempted deposits for the period of 01stApril, 2014 to 31st March, 2019, within 30 days from the deployment of a new version of DPT-3.

Now it is 90 days from March 31, 2019

BACKGROUND


In the Month of January 2019, Ministry of Corporate Affairs came with a Notification dated 22nd Jan 2019 for the filing of One-time return of outstanding receipt of Money or Loan other than Deposits by the company (Other than Government Company).
 
Mandatory Filing of Details of Loan with ROC in brief with some important FAQ’s in relation to DPT-3 with reference to Companies (Acceptance of Deposits) Amendment Rules, 2019 notified by MCA on 22.01.2019.
 
 
By Companies (Acceptance of Deposits) Amendment Rules, 2019: Every Company other than Government Company shall file a onetime return of outstanding receipt of money or loan by a company but not considered as deposits, in term of clause (c) of sub-rule 1 of rule 2 from the 01st April, 2014 to the date of publication of this notification in the official Gazette (i.e. 22nd January, 2019) in e-form DPT-3 within 90 days from the date of publication.”
 
1. Whether every company needs to file e-form DPT-3 as per rule 16A.
 
All the Companies (Whether, Small, Non-Small, Private, Public, OPC, etc) except Government Companies required to file DPT-3 after the publication of these rules
 
2. What is the due date for filing of e-form DPT-3 in Rule 16A?
 
Due date of Filing of e-form DPT-3 in rule 16A is 22nd April, 2019. Because form required to file within 90 days of publication of these rules (22nd January, 2019 + 90 days).
 
3. Whether DPT-3 required filing for Secured or Unsecured Loan or Both?
 
Yes, DPT-3 required for filing for both secured and unsecured Loan.
 
4. Whether DPT-3 required for ECB received by Company?
 
As per rule 16A DPT-3 required to file for each and every loan received by Company. Therefore, one can opine that if Company has received ECB in such case Company have to mandatorily file e-form DPT-3.
 
5. Outstanding Loan and outstanding receipt of money in relation to which period required to be reported under this rule.
 
Outstanding receipt of Money and Loan from 1st April, 2014 to 22nd January, 2019 (i.e. date of publication of the notice) is required to report in e-form DPT-3.
 
6. If the Company received a loan from Holding Company or Subsidiary Company or Associate Company. Whether a company needs to file DPT-3.
 
As per rule 16A DPT-3 required to file for each and every loan received by Company. Therefore, the Company required to file e-form DPT-3 even for a loan received from H,S and Associate.
 
7. If a company not having any outstanding loan or outstanding receipt of money as on 22.01.2019 (i.e. date of publication of rules). Whether a company needs to file e-form DPT-3.
 
As per rule 16A DPT-3, Every Company other than Government Company shall file a onetime return of outstanding receipt of money or loan by a company but not considered as deposits.
 
Therefore, one can opine that in the above-mentioned situation there is no need to file e-form DPT-3.
 
8. If some outstanding receipt of money or loan had become due before 01st April, 2014, still continuing and outstanding in the record of Company. Whether such an outstanding loan or receipt required to report in DPT-3.
 
As per rule 16A DPT-3 required to file for each and every loan received by Company outstanding as on date of publication of these rules (22.01.2019).
 
Therefore, one can opine that such outstanding loan is required to report to ROC in e-form DPT-3.
 
9. If Company received a loan after 01st April, 2014 but such loan is not outstanding as on 22.01.2019 (date of rules). Whether a company needs to report such loan in DPT-3.
 
As per the language of Rule 16A, the company has to report outstanding Loan and outstanding receipt of money to Roc in DPT-3. If the Company has already paid Loan and such loan is not outstanding in the record of the Company. There is no need to inform such loan to ROC.
 
10. If a company doesn’t accept the loan or doesn’t have any outstanding Loan. Whether need to file DPT-3.
 
If there is no outstanding Loan or company doesn’t accept any loan there is no need to file e-form DPT-3 with ROC.

Click here to read the disclaimer


Write a Comment

  • Dear Sachin ji this article is very handy and uselfull, thanks for sharing such knowledge. I would like to differ from you view on point no 8 where outstanding of money as on 31st March, 2019 which taken prior o April, 2014 is not required to file return as period under rule 16A is Receipt from April, 2014 to March, 2019. 

    09-06-2019 / 03:38:13 PM
    Reply